The legal disagreements (ikhtilâf) are a natural and historical fact of the improving
process of Islamic Legal history. So that, in its formation period it has been considered
as a part of Islamic sciences. And for this reason, the knowledge of these very legal disagrements
(ikhtilâf) have been deemed as a necessary condition for giving a fatwa or
legal decision. Neverthless the legatimate of legal disagreements (ikhtilâf) have been
interrogated by some legal scholars and legal schools. In this regard, one of the critisizing
figure was Shatibi. He critisized the legal disagreements (ikhtilâf) and the principle
of the murâat al-khilaf which is one of the legal sources of Malikite legal school. In critisizing
this very principle he mainly based his argumentation on the premise of the definitness
of the legal theory (usul al-fiqh).
Other ID | JA22AZ25EN |
---|---|
Journal Section | Research Article |
Authors | |
Publication Date | September 30, 2005 |
Published in Issue | Year 2005Volume: 5 Issue: 2 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.